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Madras High CourtCRL OP(MD)/8867/2022disposed of

Kalimuthu v. The Sub Inspector Of Police

2022-05-06Honourable Mr Justice M.S. Ramesh2 pages

CRL OP(MD). No.8867 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8867 of 2022 Kalimuthu ... Petitioner/Sole Accused Vs The state Rep.by The Sub Inspector of Police, T.Kallupatti Police Station, Madurai District.

(Crime NO.35/2015) ... Respondent/Complainant For Petitioner : M/s.B.Muneeswaran, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.35/2015 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner / Sole accused, apprehends arrest in connection with the Non-Bailable Warrant (NBW) issued on 20.07.2016 in C.C.No.38 of 2015 on the file of the Judicial Magistrate, Peraiyur. Thereafter, compromised has been reached between the parties and compromise memo has been filed before the Trial Court and the same was membered as Crm.P.No.5162 of 2016 dated 15.11.2016 and the same is pending. Since the NBW is pending from the year 2015 onwards, it could not be appropriate to grant anticipatory bail to the petitioner.

2.However, the petitioner may be granted liberty to file an application to recall the warrant with a direction to the Trial Court to consider the same on the same day of filing the application.

3.Accordingly, the petitioner herein is granted liberty to file an application to recall the warrant before the Trial Court in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8867 of 2022 C.C.NO.38 of 2015. On receipt of the same, the learned Judicial Magistrate, Peraiyur, shall consider the same on the same day and pass appropriate orders on merits and in accordance with law. Accordingly, this Criminal Original Petition is disposed of. sd/- 06/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, PERAIYUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8867 of 2022 Date :06/05/2022 DSS/TTA MS/JM/SAR-2/10.05.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2